Wyoming corner crossing

[cnelk]

Not long ago, guys were ticketed for corner crossing. Then came a ruling that its 'legal'.

Now guys want a 2ft opening to walk thru..... Cmon man

 

[wytx]

Yeah, if you can't find the corner marker to step over just don't do it.
No need for a ladder, they can not block access to public lands with their fence.

 

[drdrop]

A couple observations from the summary judgment:

1. Eshelman/Iron Bar violated the Unlawful Enclosures Act of 1885 (UIA) by placing the two posts with a chain between them at the legal corner, preventing reasonable passage. In 2020, two of the Missouri Four admitted to holding Eshelman's posts to swing around and access the legal corner. As Judge Skavdahl wrote,

"A plaintiff may not recover for a trespass, if any, occurring due to Plaintiff's violation of the UIA".

I interpret this as if anyone encounters a fence at a corner, that fence is a violation of the UIA and one may reasonably find means to move around such an obstacle, regardless of where your feet may touch. I'm assuming Wyoming's 2023 Joint Judiciary's SF0056 bill that Gov Gordon signed into law would need to be challenged against the UIA in this situation. I would assume the law would defer to the UIA over this new state legislation, and I would welcome thoughts by those more familiar with law.

2. The 'corner crossing loophole' in Wyoming's criminal law has previously been a privilege of those pursuing wildlife per the 2004 Wyoming Attorney General's Memo. While Judge Skavdahl's summary judgment addresses civil law, would it also apply to criminal cases? If so, seems like the general public may cross corners as well, especially considering that Mackay, which was pretty central to Skavdahl's arguments, was a situation of a sheepherder, not hunters.

 

[GSPHUNTER]

Does this set a precedent

 

[rodney482]

Does this set a precedent

I would say yes until another ruling

 

[307]

Yeah, if you can't find the corner marker to step over just don't do it.
No need for a ladder, they can not block access to public lands with their fence.

I wouldn't agree with this statement. If you make a valid and reasonable effort to find the marker, using best available technology (GPS, likely) but don't find it, I'd feel comfortable crossing based on the GPS corner.

 

[TxLite]

Yeah, if you can't find the corner marker to step over just don't do it.
No need for a ladder, they can not block access to public lands with their fence.

Does climbing the fence constitute damaging landowner property? We always got scolded as kids for climbing barbed wire fences because it wasn’t good for it

 

[isItFallYet]

What was the $7m in damages the plaintiff was claiming?

 

[MuleyFever]

This makes me glad I decided to put off my elk hunt this year. This may completely change what area I apply to.

 

[MuleyFever]

What was the $7m in damages the plaintiff was claiming?

Loss of real estate value due to not being able to lock out the public and use the public land like his own private area.

 

[GSPHUNTER]

I would say yes until another ruling

Agree, just go fine a Judge who will likely side with your stance.

 

[isItFallYet]

Loss of real estate value due to not being able to lock out the public and use the public land like his own private area.

Dude! I hope the MO 4 counter this dbag and make his pockets bleed a bit.

On another note, looks like BHA helped this cause quite a bit. I bet Buzz is dying to get back on the slide and feed his ego!

 

[Trvl2hunt]

Hopefully this is a precedent that sticks. There will be a lot of ladders being used around the west this year.

 

[Trvl2hunt]

" looks like BHA helped this cause quite a bit. I bet Buzz is dying to get back on the slide and feed his ego!" They are certainly getting way more press than they deserve - Even though they did raise a lot of funds supporting this..... I am in the camp believing they are the essentially the Sierra Club wearing camoflage

 

[TxLite]

There will be a lot of ladders being used around the west this year.

How long until companies start making carbon fiber back country ladders? Lol

 

[Laramie]

How long until companies start making carbon fiber back country ladders? Lol

Already in R&D...

 

[Naiche]

Shades of Johnson County war

 

[traildust]

Hopefully this is a precedent that sticks. There will be a lot of ladders being used around the west this year.

Folding hand saw carries easier!

 

[littlerhorner]

You better hope there’s a corner pin/monument on every corner you intend to step over - otherwise you won’t know if you’re on public or private because your phone or gps ain’t that precise

You are right, but did you plan to lay out a property fence not long ago using the GPS in your phone as a compass?

 

[BBob]

If people (hunters and anglers) would have been "respectful towards landowners" for the last 50 years we likely would not be in the current situation when it comes to landowner relations.


ClearCreek

I disagree a bit on that because there’s more to it. We’ve always been respectful and most of the old ranchers gave us access but as they fade away and sell this has changed drastically. As the ranching fades and people come in and buy up the land it has become “this is mine and you can’t touch it or trespass through it” attitude. It’s been a slow progression here for many decades now.